pawan (accountant) 30 June 2009

marriage while divorce case in court

Is any men whose divorce case running in the court, Can He attemt second marriage before the divorce decision come out.

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5 Replies

Kiran Kumar (Lawyer) 30 June 2009

No, such a marriage is void.

he/ she can marry only when the decree of divorce is passed.

one thing i must tell u appeal is a continuation of proceeding, if the appeal is filed or is pending even then the marriage can not be solemnized.

one more thing i must tell u dont use the expression ATTEMPT TO MARRIAGE.

Adv. Amita A. Virkar (Advocate) 30 June 2009

Mr. Kiran,

whtr the religion of tht man matters or not? if he is muslim thn wht?

Kiran Kumar (Lawyer) 30 June 2009

u tell me first, whether Muslims file Divorce case in courts........muslims r governed by their customary law in secular matters.

i talked in terms of Hindu Marriage Act.

can have some reference to Divorce Act for other religions.

SANJAY DIXIT (Advocate) 03 July 2009

Mr Kiran is right. Such marriage is null and void in the eyes of law and also attracts criminal process.

sonu bhola (service) 07 July 2009

hi, i wish to ask a question for one of my frnd as she wish to get second marry after completing the one sided divorce case. she is having a 5 yrs old girl. she wish to take care of her girl whole life and wish to get life partner also. is there any problem to get marry as his old husband has file appeal to reopen the case by saying that he don't wish to give divorce. this is to share with you that in last all dates in the court he was apsent thats why she got one sided decision by the court. now pls suggest some thing for her to go further as she belongs to hindu family and her age is about 32 yrs.